Exactly what to do — and what to avoid — in the hours and days after a crash. The decisions you make in the first 48 hours shape the settlement you eventually receive. This guide is based on insurance industry data and standard plaintiff-attorney practice.
Reviewed by Leonard Goldberg, Editor · Last updated
Move out of traffic if vehicles are drivable. Turn on hazards. Call 911 for any injury, even one that seems minor — the official report and EMS record are the most important documents in your future case. Adrenaline masks injuries; don't refuse evaluation.
Photos of all vehicles, license plates, damage, the road, debris, traffic signs, and skid marks. Wide shots and close-ups of every dent and crack. Photograph the other driver's license, registration, and insurance card directly — not transcribed. Take video of the scene. Time-stamped photos are evidence.
Most states require police response for any accident with injury or material damage. Get the responding officer's name, badge number, and report number. Order the report 3–10 days later (most departments have online portals). The report shapes early insurance liability decisions.
Get the other driver's name, address, phone, license, insurance carrier, policy number, vehicle make/model/plate. Do not say "I'm sorry" or "I didn't see you." Anything resembling an admission becomes a comparative-fault argument. State facts only.
Witness testimony evaporates within hours. Get name, phone, and email of any uninvolved witness. A neutral witness statement is often the single most valuable piece of evidence — adjusters discount the parties' own accounts.
If you didn't go by ambulance, see your primary care or an urgent care within 24 hours. Soft-tissue injuries often emerge 24–72 hours later. Any gap in treatment becomes the insurer's argument that you weren't really hurt. Same-day medical = strong case.
Required by most policies within 24–72 hours. Stick to facts: time, location, vehicles, no injuries discussed yet. Do not give a recorded statement until you've consulted an attorney. Your insurer can sometimes use your statements against you in subrogation disputes.
They will call within days. Politely decline to give a recorded statement. You are not obligated to talk to the at-fault driver's insurer. Refer them to your attorney (or say "I'm still being treated; I'll be in touch."). Recorded statements are the #1 way cases get killed.
Medical bills, prescription receipts, mileage to/from appointments, lost wage records, property repair estimates, towing fees, rental car. Create a folder (digital or physical). Each document is potential damages. Track time off work with dates and pay rate.
Most do free consultations. Most substantial cases benefit from representation — a Martindale-Nolo reader survey found represented claimants received roughly 4× more on average ($77,600 vs $17,600, self-reported). Never sign a release or accept a first offer without legal review.
Even a casual "I'm not hurt" gets quoted back at you when symptoms appear days later. Stick to "I want to be checked out."
Gaps in treatment = no injury, in adjuster math. Same-day evaluation is worth thousands.
Insurance companies investigate. A photo of you smiling at a barbecue gets used as evidence you're not in pain. Lock down privacy or take a break.
Designed to lock you into a version of events. You have no obligation to give one to the other party's insurer.
First offers are 30–50% of fair value. The adjuster's software assumes you'll counter.
Once you’ve documented the accident, see what the settlement should look like using your state’s rules and real data from 60,820 car-accident cases.
23 comprehensive guides covering every part of a personal-injury claim — from accident to settlement check.
Adjuster's formula + worked examples
9 stages from accident to check
Contingency fees, sliding scales
9 principles + adjuster-tactic responses
7-section template + sample text
30+ plain-English answers
Every category with burden + value
53.1M+ records, key figures
Median + range for 10 injury types
All 51 jurisdictions × 4 claim types
51 states ranked by max weekly TTD
12 + DC PIP minimums & thresholds
Triggers + state-by-state remedies
All 50 fault rules + citations
6 steps + 12 questions + 7 red flags
8-stage timeline + third-party suits
Formula, scheduled losses, third-party
30+ authoritative gov + bar sources
Side-by-side comparison + 6 scenarios
51-state caps + Gore due-process
Yes/no guide + 10 FAQs
50+ legal & insurance terms